Appellate

  • January 15, 2021

    BlackBerry, Facebook Drop Patent Fight Over Messaging Tech

    BlackBerry and Facebook have agreed to end a patent dispute accusing each other of infringing numerous patents relating to messaging technology.

  • January 15, 2021

    John Hancock Can't Keep Trading Info From Porsche: 1st Circ.

    The First Circuit affirmed a decision Friday to allow Porsche U.S. discovery of John Hancock Life Insurance affiliates' trading activity and strategies for use in a securities fraud action brought in Germany related to the Volkswagen-led emissions cheating scandal.

  • January 15, 2021

    Fla. Construction Co. Must Face Suit Over Worker's Fall Injury

    A Florida appeals court on Friday revived a suit seeking to hold a construction company liable for injuries a subcontract worker sustained after he fell into an uncovered drain at a parking garage construction site, saying the trial judge erred in tossing the suit because the drain was an "open and obvious" hazard.

  • January 15, 2021

    Trump Auto Emissions Rollback Faces Heat From All Sides

    Foes of the Trump administration's rollback of vehicle greenhouse gas emissions and fuel-economy standards urged the D.C. Circuit to undo the change, with environmental and energy groups saying the rollback went too far while a deregulation supporter argued it didn't go far enough.

  • January 15, 2021

    11th Circ. Revives $248M Veterans Mortgage Fraud Suit

    The Eleventh Circuit revived a whistleblower case on Friday against a defunct Florida mortgage lender that allegedly defrauded a federal veterans lending program, ruling that a lower court judge prematurely weighed evidence to toss the case.

  • January 15, 2021

    Church Tells 9th Circ. Calif. Can't Restrict Worship Amid Virus

    A San Diego church that failed to beat California's pandemic restrictions at the U.S. Supreme Court urged the Ninth Circuit on Friday to reconsider its request, arguing that a subsequent high court decision striking down rules on religious gatherings in New York favors axing California's rules.

  • January 15, 2021

    Texas Doc Keeps Win In Suit Over Child's Fatal Asthma Attack

    A Texas appeals court has affirmed the dismissal of a suit accusing an emergency room doctor of negligently discharging a 7-year-old asthmatic patient who later died following a severe asthma attack, saying the plaintiff's medical expert submitted a "conclusory" opinion as to how the alleged negligence caused the patient's death.

  • January 15, 2021

    Fed. Circ. Sticks With Ruling In Bard's $68M Patent Fight

    The full Federal Circuit refused on Friday to take another look at a panel ruling that revived C.R. Bard's $67.5 million infringement claims and undid a Delaware federal judge's finding that the medical device maker's patents were invalid.

  • January 15, 2021

    9th Circ. Judge Calls VW Dealers' Fraud Appeal 'A Little Odd'

    A Ninth Circuit judge appeared skeptical Friday of reviving franchised Volkswagen dealerships' proposed class claims that auto parts maker Bosch is liable for helping mastermind the 2015 "clean diesel" emissions-cheating scandal, saying their arguments are "a little odd" because it seems like they "in some ways, benefited from the fraud."

  • January 15, 2021

    Fla. Court Reverses $15.5M Verdict Against R.J. Reynolds

    A Florida appeals court on Friday threw out a $15.5 million judgment against R.J. Reynolds over the death of a lifelong smoker who succumbed to cancer, saying jurors had received insufficient instructions to find the company liable for a claim of conspiracy to fraudulently conceal information.

  • January 15, 2021

    9th Circ. Judge Doubts Insurer's SLAPP Sinking Tower Fight

    A Ninth Circuit judge appeared skeptical Friday of a New Jersey insurance company's efforts to toss under California's anti-SLAPP law an engineering firm's bad faith counterclaim in litigation over San Francisco's notorious sinking Millennium Tower, asking the insurer, "Why didn't you just fight the thing on the merits?"

  • January 15, 2021

    DC Circ. OKs $58M Award In Moldova Energy Payment Fight

    The D.C. Circuit on Friday enforced a $58 million arbitral award issued against Moldova following a decade-old payment dispute with a Ukrainian energy provider, even as Europe's highest court considers critical questions about the jurisdiction of the arbitral tribunal.

  • January 15, 2021

    $1B Power Project Gets Trump OK, But 1st Circ. Roadblock

    The First Circuit blocked construction Friday on part of a controversial $1 billion clean energy development that would connect New England to Canadian hydroelectric power, just a day after the Trump administration granted the project a key cross-border permit.

  • January 15, 2021

    Sanofi Prevails Over Mylan At Fed. Circ. On Jevtana Patent

    The Federal Circuit signed off Friday on a Patent Trial and Appeal Board decision allowing Sanofi to amend a patent on its prostate cancer drug Jevtana, closing the door on a nearly five-year challenge by Mylan.

  • January 15, 2021

    Up Next At High Court: Media Diversity And Climate Suits

    The U.S. Supreme Court has a light workload in the week ahead, due in part to the chief justice's duty to administer President-elect Joe Biden's oath of office Wednesday. But the court will hear a pair of cases, both on Tuesday, about diversity in media ownership and where to file climate change lawsuits.

  • January 15, 2021

    FDIC Seeks To Revive $3M Fight With Lloyd's At 11th Circ.

    The Federal Deposit Insurance Corp. urged the Eleventh Circuit to reverse a lower court's ruling that it cannot collect $3 million in prejudgment interest after prevailing in a $10 million coverage dispute against Lloyd's of London, saying the district court wrongly held that the interest request was untimely.

  • January 15, 2021

    Insurer Asks 8th Circ. To Affirm Win In Virus Coverage Bout

    Cincinnati Insurance Co. on Friday urged the Eighth Circuit to affirm that it is not responsible for covering an Iowa dental practice's lost income due to COVID-19 closure orders, arguing that a large body of case law supports the trial court's conclusion that the practice's losses did not result from a covered loss of property.

  • January 15, 2021

    FTC Faces Steep Odds In High Court Restitution Case

    The Federal Trade Commission's chances for hanging on to its power to seek restitution for victims of consumer scams and antitrust violations in federal court look grim if sharp questions from several justices during Supreme Court arguments this past week are any indication, legal observers say.

  • January 15, 2021

    Texas Justices To Hear Photographer's Suit Against University

    The Texas Supreme Court on Friday agreed to hear a photographer's case alleging that the University of Houston unconstitutionally took his copyrighted image without permission, which a lower appellate court tossed.

  • January 15, 2021

    DC Circ. Won't Pause Methane Monitoring Rollback

    The D.C. Circuit on Friday rejected environmental groups' effort to block parts of the U.S. Environmental Protection Agency's less restrictive policy on methane emissions for new and modified oil and gas infrastructure while litigation plays out.

  • January 15, 2021

    Blue States Challenge EPA Aircraft GHG Emissions Standards

    The U.S. Environmental Protection Agency's new gas emissions standards for aircraft won't actually result in new reductions, said 12 attorneys general from California, Illinois, Pennsylvania, New York, and other Democrat-led states plus the District of Columbia in announcing a D.C. Circuit challenge Friday.

  • January 15, 2021

    What To Expect In High Court's Media Ownership Review

    The U.S. Supreme Court will wade into a more than two-decade-old dispute over media ownership rules on Tuesday and at long last attempt to address the Federal Communications Commission's contrasting obligations to promote both competition and diversity among radio and TV station owners and to eliminate unnecessary constraints on who can hold broadcast properties.

  • January 15, 2021

    Finance Co. Asks 7th Circ. To Revive Suit Against Ex-Counsel

    The Seventh Circuit on Friday seemed skeptical of a commercial financing company's argument that a lower court should not have dismissed its claim that former legal counsel gave self-serving advice that led to penalties against the company's founder. 

  • January 15, 2021

    6th Circ. Says Employers Can't Tighten Cutoff For Bias Suits

    The Sixth Circuit declared Friday that the filing window for a worker to bring federal age and disability discrimination claims can't be shortened through an employment pact, expanding on its two-year-old decision that said companies can't mess with Title VII deadlines either.

  • January 15, 2021

    11th Circ. Doubts Ousted Exec Controls Venezuelan Network

    An Eleventh Circuit panel appeared to lean Friday toward a Venezuelan court-appointed oversight board in a dispute over who controls the country's LaTele network in its long-running copyright fight with U.S.-based Spanish-language network Telemundo, but questioned arguments that it should not even hear the former company president's appeal.

Expert Analysis

  • FTC Authority To Obtain Monetary Relief May Be Under Threat

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    Although justices asked difficult questions of both sides at the recent U.S. Supreme Court oral arguments in AMG v. Federal Trade Commission, they expressed significant skepticism of the FTC's implicit authority to seek restitution and disgorgement of the proceeds of fraud and other misconduct, say attorneys at Sullivan & Cromwell.

  • Ill. Case Sheds Light On Cross-State Anti-SLAPP Conflicts

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    An Illinois state appeals court's recent decision in Basile v. Prometheus Global Media calls attention to the unique jurisdictional challenges that arise when opposing parties invoke anti-SLAPP statutes from different states in the course of litigation, says Phillip Zisook at Schoenberg Finkel.

  • Fed. Circ. Ruling Shows Novelty's Role In Patent Eligibility

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    The recent Federal Circuit decision Simio v. FlexSim is the latest in a trend concerning a class of inventions that are patent ineligible because they’re not novel despite purporting to improve computer technology, and is informative for winning or surviving early motions to dismiss, say Braden Katterheinrich and JD Schneider at Faegre Drinker.

  • CFPB's Busy 2020 May Foretell Regulatory Uptick Ahead

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    The last year stood out for its marked resurgence in Consumer Financial Protection Bureau activity, suggesting 2021 will usher in even more vigorous enforcement, enhanced fair lending regulation, and renewed assaults on consumer arbitration and payday lending, says Richard Gottlieb at Manatt.

  • DC Circ. Lobbyist Ruling May Lead To 1st Amendment Clarity

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    The D.C. Circuit’s recent opinion in Akhmetshin v. Browder, leaving the government contacts exception's application to foreign lobbyists unsettled, may compel courts to clarify the availability of First Amendment defamation defenses to foreign companies involved in lobbying, says Joe Meadows at Bean Kinney.

  • 4 Legal Industry Trends Litigation Financiers Are Watching

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    Some recent litigation developments demonstrate efforts by law firms and their clients to search for opportunities in the COVID-19 economic fallout, while others — such as the rise of contingency fee arrangements — reflect acceleration of tendencies that were already underway, says William Weisman at Therium Capital.

  • New Fla. Summary Judgment Rule Will Deter Forum Shopping

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    The Florida Supreme Court's recent amendment of the state's summary judgment standard to align it with that of the federal courts and most other states will improve judicial efficiency, reduce the cost and uncertainty of litigation, and help prevent forum shopping by plaintiffs with dubious claims, say Walter Latimer and Guy Noa at Fowler White.

  • 2 Cases Highlight Superpriority Lien Risks For Lenders

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    Two recent decisions from a New York state court and a Nevada federal court reaffirm the importance of lenders paying off superpriority liens, which may extinguish their mortgages or deeds of trust if not swiftly addressed, say Michael O'Donnell and Michael Crowley at Riker Danzig.

  • A Lawyer's Guide To Setting Well-Being Goals In 2021

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    In the face of rising client demands due to the pandemic and the changing regulatory environment, and with remote work continuing for the foreseeable future, lawyers should invest in their well-being by establishing inspiring yet realistic goals for 2021 — one month at a time, says Krista Larson at Morgan Lewis.

  • 4 Rulings That Will Shape Clickwrap Litigation In 2021

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    Clickwrap litigation is expected to increase this year, following several 2020 judgments that show the courts' growing sophistication on assessing online user agreements and a continued surge in user growth fueled by COVID-19, says Brian Powers of PactSafe.

  • NY COVID-19 Commercial Lease Decisions Lack Consistency

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    Recent New York decisions concerning commercial lease disputes amid the pandemic have produced inconsistent results, but highlight some arguments that tenants should consider emphasizing in subsequent cases, says Cassandra Porsch at Scarola Zubatov.

  • Federal Practice Takeaways From Spike Lee, Prince IP Ruling

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    The Second Circuit's recent ruling in Brandon v. NPG Records, barring copyright infringement claims already litigated in a Florida federal court in favor of Spike Lee and Prince’s estate, offers lessons on supplementary copyright registration and significant federal procedural issues, say Matthew Nelles and Adriana Kostencki at Nelles Kostencki.

  • Keyword Searches To Improve Your Privilege Doc Review

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    "Confidential" and other search terms commonly used to locate privileged documents during e-discovery are pretty ineffective, so practitioners should consider including specific types of keywords that are demonstrably better at targeting privilege, say Robert Keeling at Sidley and Rishi Chhatwal at AT&T.

  • Confusing Damages Issues In Florida 'Improper Fee' Case

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    The Eleventh Circuit's recent decision in Fox v. Ritz-Carlton highlights the open question of what damages are available in "improper fee" cases under the Florida Deceptive and Unfair Trade Practices Act, says Aaron Weiss of Carlton Fields.

  • ABA Approves Remote Practice, But Questions Remain

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    Lawyers working remotely during the pandemic while physically outside the jurisdictions in which they are licensed will find some comfort in a recent American Bar Association opinion sanctioning such practice, but there is ambiguity regarding the contours of what's allowed, say attorneys at Harris Wiltshire.

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